I was discovering that life just simply isn't fair and bask in the unsung glory of knowing that each obstacle overcome along the way only adds to the satisfaction in the end. Nothing great, after all, was ever accomplished by anyone sulking in his or her misery.
Its not just either party adding an amendment to change the constitution.
The Road to Ratification: Amending the U.S. Constitution
The Road to Ratification: Amending the U.S. Constitution
The basic procedures to amend the U.S. Constitution are set forth in Article V. While the process appears simple, the road to ratification is not an easy one. In its entire history, the U.S. Constitution has been amended only 27 times. The first 10 amendments-which constitute the Bill of Rights-were added in 1791. It has been over a decade since the last amendment-Amendment XXVII-was ratified.
An examination of the ratification process reveals the difficult hurdles that a proposed amendment must overcome to be added to the U.S. Constitution.
Step 1. Passage by Congress
The language of a proposed amendment to the U.S. Constitution first must be agreed upon by Congress. A two-thirds vote of both houses is required to pass the legislation proposing the amendment. Unlike most acts of Congress, a proposal for an amendment to the U.S. Constitution does not involve the President of the United States. After its passage by Congress, the proposed amendment is sent directly to the Office of Federal Register at the National Archives. (Note: Usually, a bill goes first to the White House for the President’s signature or veto.)
Step 2. Notification of the States
Next, the states must be notified of the passage of a proposed amendment to the U.S. Constitution. This process is:
1. After the legislation proposing a constitutional amendment is passed by Congress, it is sent to the National Archives.
2. The national archivist prepares certified copies of the language of the proposed amendment for each state.
3. A packet is sent to the governor in each state. The packet include a letter from the national archivist requesting return notification that the packet was received, the certified copies of the language, 50 slip law copies, and a form for the state to fill out if the proposed amendment is ratified.
Step 3. Ratification by the States
Ratification of the amendment language as adopted by Congress is an up-or-down vote in each legislative chamber. A state legislature may make no changes to the language, or its ratification is invalid.
A state legislature that has rejected an amendment may subsequently return to it and vote affirmatively for the ratification. On the other hand, it is generally held that once a legislature has voted affirmatively, the ratification cannot be rescinded by the legislature.
It is sometimes forgotten that “state ratification” of an amendment actually means ratification by the state legislatures. The affirmative action of a state legislature on legislation to ratify a proposed amendment to the U.S. Constitution is final. Just as the President has no formal role in proposing amendments, governors have no constitutional role in their ratification. Technically, a governor’s signature on the bill or resolution is not necessary. Often states jockey to be the first to pass a U.S. constitutional amendment, and the courts have validated legislation passed by a state legislature prior to the receipt by the governor of the certified amendment language.
[Note: More detail about state legislative procedures to ratify a proposed amendment to the U.S. Constitution will be added shortly; the information is being updated.]
Step 4. Tracking State Actions
Under the U.S. Constitution, proposed amendments must be ratified by three-fourths of the states in order to take effect. The official count is kept by Office of the Federal Register at the National Archives. For each proposed amendment to the U.S. Constitution, the Office maintains an open file on state ratification and tracks states’ actions.
If legislation ratifying the amendment is passed by a state, the legislature must return to the National Archives the following items:
1. The enacted legislative document containing language that mirrors (is identical to) the certified text of the proposed amendment.
2. The ratification form with the required authenticating signature(s) and title(s).
If the language passed by a state legislature does not mirror the official text, the National Archives holds the legislative document and notifies the state. The letter sent to the state recommends that the state clarify its actions in order to avoid court challenges.
Whenever the requisite number of states (38) have ratified a proposed amendment, the national archivist proclaims it as a new amendment to the U.S. Constitution. Actual certification is published immediately in the Federal Register and eventually in the United States Statutes-at-Large.
Constitutional Amendments - The U.S. Constitution Online - USConstitution.net
"A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murder is less to fear"
Cicero Marcus Tullius
Try reading the 17th Amendment.
I like how Arkansas does it. If I read it correctly, the governor appoints a person to the seat, but that person can not run in the next election. that way, the seat is filled, but there's still an election for it.
The Makeout Hobo is real, and does indeed travel around the country in his van and make out with ladies... If you meet the Makeout Hobo, it is customary to greet him with a shot of whiskey and a high five (if you are a dude) or passionate makeouts (if you are a lady).
Repealing the 17th amendment is suuuuuuuuuuuuuuuuuuuuuch a better idea.
Well, danarhea, there's a long history of appointments. How many have gone bad in history?
Is this really a big problem or are we simply suffering from short memories?
"If your opponent is of choleric temperament, seek to irritate him." - Sun Tzu